RAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant has filed this appeal against the judgment and order dated 21.11.2005 passed by a Division Bench of the High Court of Kerala at Ernakulam in Criminal Appeal No.60/2004 (C ) confirming the conviction and sentence of imprisonment for life in respect of an offence punishable under Section 302 of the Indian Penal Code (for short IPC ) and a fine of Rs. 15,000/- with a default stipulation of simple imprisonment for one year awarded by the Fast Track Court No.-II, Manjeri on 12.12.2003 in Sessions Case No.439/2001.

(3.) Brief facts, which led to the trial of the accused, are as follows : Raman-appellant herein, Narayanan (PW-1, Nadi (PW-6) and Unnikrishnan @ Bapputty-deceased were living at Edayattur, District Mambarakunnu. On 21.04.2000 at about 8:00 p.m., PW-1 and PW-6 were chatting by the side of the road when they heard the appellant and the deceased indulging in wordy quarrel. PW-6 intervened and separated them. Unnikrishnan then proceeded to his house and the appellant went towards the house of PW-6. PW-6 returned to the courtyard of the house of PW-1 along with Unnikrishnan. The appellant alleged to have uttered abusive language against Unnikrishnan who in retaliation pulled the appellants shirt collar. The appellant is alleged to have stabbed Unnikrishnan in his abdomen with knife (MO. 1). Unnikrishnan collapsed on the spot and uttered that he was finished. PW-6 bandaged the wound of Unnikrishnan. PW-1 informed Velayudhan (PW-2, the younger brother of Unnikrishnan about the incident who arrived at the spot where Unnikrishnan was lying on the embankment by the side of the road. PW-2 and others took Unnikrishnan to the District Hospital, Manjeri, where the Casualty Medical Officer examined him but he was declared dead.